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PowerPoint Slideshow about ' Ethical and Legal Issues for School Counseling' - rusk

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A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee’s position and that involves the exercise of judgment or discretion on the part of the employee, EXCEPT...

Any person who violates, assists in the violation of, or solicits another to violate or assist in the violation of test security or confidential integrity, and any person who fails to report such a violation are subject to the following penalties:

May take reasonable action to inform medical or law enforcement personnel if the professional determines that there is a probability of imminent physical injury by the client to the client or others or there is a probability of immediate mental or emotional injury to the client

Using the refusal by a parent to consent to the administration of a psychotropic drug or psychiatric evaluation or examination as ground, by itself, for prohibiting student from attending a class or participating in a school related activity.

Prevent an appropriate referral under the child find system required under 20 U.S.C. Section 1412, as amended;

Prohibit a school district employee who is a registered nurse, advanced nurse practitioner, physician, or certified or appropriately credentialed mental health professional from recommending that a child be evaluated by an appropriate medical practitioner; or

Prohibit a school district employee from discussing any aspect of a child’s behavior or academic progress with the child’s parent or another school district employee

A person having cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect by any person must immediately make a report to TDPRS or local law enforcement agency.

Mental or emotional injury to a child that results in observable and material impairment in the child’s growth, development, or psychological functioning

Permitting mental or emotional injury - Causing or permitting a child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning;

Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent or legal guardian that does not expose the child to a substantial risk of harm

Pornography - Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child in an obscene manner as defined by Section 43.21, Texas Penal Code, or in a pornographic manner

Substance abuse - Causing, expressly permitting, or encouraging a child to use a controlled substance.

Failing to arrange for necessary care - Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for child care, and a demonstration of the parent’s or legal guardian’s intent not to return

Placing or failing to remove a child from harm -Placing a child in or failing to remove a child from a situation that results in bodily injury or a substantial risk of immediate harm to the child

Failure to Obtain Medical Care - Failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child

Parent has right of access to student information even if parent does not have custody of child.

State law – HB 1314 created TEC 37.0091 requiring a district to honor a written request by a noncustodial parent to receive any copies of written notification related to student misconduct related to daep placement or expulsion

Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker, and which are not accessible or revealed to any other person except a temporary substitute for the maker of the record

Also allows attendance of student not residing in district boundaries but whose grandparent resides within district IF: grandparent provides a substantial amount of after-school care for the person as determined by the board

Also requires discipline management program to provide for the prevention of and education concerning unwanted physical or verbal aggression, sexual harassment, and other forms of bullying in school, on school grounds, and in school vehicles

Requires the State Board of Education to establish a pilot program under which participating institutions of higher education award incentives to students who contract to graduate from the institution in a timely manner

Requires an early college education program for at-risk students to provide for courses of combined high school and college level courses for grades 9-12

Also allows a participating student who receives a high school diploma on or before the 5th anniversary of the date of the student’s 1st day of high school to also earn an associates degree or at least 60 semester credit hours toward graduation.